Griesenauer v. Emsco Corporation

ANDERSON, Judge.

This is an action for damages for trespassing on plaintiffs’ land and constructing a ditch thereon without the consent of plaintiffs. There was a verdict for plaintiffs in the sum of $700.00 and defendant has appealed from the judgment entered. It is contended that plaintiffs did not make a submissible case; that Instruction No. 2 was erroneous, and that the verdict was excessive.

The petition alleged that they were the owners of a tract of land in the City of O’Fallon in St. Charles County known and numbered as S06 Westridge Drive (described by metes and bounds); that during…